Decisional Interference
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Decisional interference is a form of INVASION privacy harm under the Solove taxonomy. It can be defined as "intruding into an individual's decision making regarding their private affairs."
Additional comments
Altering a person's decision can come in one of several forms. Coercion is the limiting of choices, such that alternatives, which may be preferable to the individual, are not presented. An entire methodology exist in presenting choices, called choice architecture. Manipulation occurs when psychological techniques are used to change an individual's decisions. Manipulation may be for positive social or individual reasons (getting your kids to eat their vegetables) but is generally disfavored when the manipulation is for the sole or primary benefit of the manipulator. Persuasion generally has positive connotations and involves using logic, reason or other methods to persuade a person of a better course of action. Decisional interference is not about ignoring or disregarding a person's decision but actually about changing their position.
Occurrences
- A sweeping drug addiction risk algorithm (July 2020)
- AI Being Used to Spread Misinformation and How It Can Affect the Presidential Election (July 2023)
- Abortion Rights in Indonesia (October 2020)
- Airport Facial Recognition Systems (2018)
- Amazon Sidewalk: The Privacy Risks of Automatic Enrollment in Shared Networks (2023)
- California hits Google for $93M over deceptive location data options (14 September 2023)
- Cambridge Analytica and Facebook Scandal (2016)
- China Is Collecting DNA From Tens of Millions of Men and Boys (September 2020)
- China Keeping Records on Muslims (February 2020)
- China's Two-Child Policy (1 January 2016)
- Cyber Espionage on LinkedIn (July 2020)
- Facebook Tricks to Affect User Privacy Decisions (2012)
- Facebook’ Algorithm to Change User Behaviour (March 2017)
- Gmail Controling which Political Emails Land in Primary Inbox (2020)
- Gmail Filters Black Lives Matter Emails (June 2020)
- Google Asks for Location Data in COVID19 Exposure Notification Software (July 2020)
- Idaho Medical System Algorithm (2011)
- Italy Bans ChatGPT Over Privacy Concerns (March 2023)
- Lidl Offering Free Ice Cream for App Download (August 2020)
- Login to Oculus Only Possible With Facebook Account (August 2020)
- Man Using Tracking Device to Monitor Girlfriend (November 2020)
- Medical Algorithm with a Racial Bias (October 2019)
- Michigan College Tracking Students’ Movements (August 2020)
- Microsoft User Asked for More Personal Information With New Computer (July 2020)
- National Labor Relations Board (NLRB) General Counsel Issues Memo on Unlawful Electronic Surveillance and Automated Management Practices (31 October 2022)
- Netgear Prevents Access to Full UI Unless Customer Creates an Account in Cloud (September 2020)
- New York City could lose 10,000 Airbnb listings in short-term rental crackdown (26 January 2023)
- Nigeria Orders Mobile Users to Link Phones to ID Numbers (December 2020)
- OnePlus Phones Come With Preinstalled Facebook Service and User Facing Apps (September 2020)
- Parents Using GPS Ankle Trackers On Their Children (2018)
- Pokemon Go Mobile Game (2016)
- Privacy Dark Patterns (August 2020)
- Retailers Using AI (November 2020)
- SNAP Online Buying Program (July 2020)
- School Makes Parents Consent to Childs Data Collection
- Students Health Records Shared With Parents (October 2015)
- Suggestion for Banks to Set New Rules For the Sale of Guns (February 2018)
- Targeted Ads found on YouTube's "made for kids" content (August 2023)
- The Feds' Vehicle 'Kill Switch' Mandate Is a Gross (and Dangerous) Violation of Privacy (22 November 2023)
- TikTok’s Deceptive Child Protection: Iowa's Legal Challenge (19 January 2023)
- UK Lawmakers Warn of Retail CBDC Risks (1 December 2023)
- WhatsApp Accessing User Contact Details And Tracking Users (October 2020)
- YouTube Ads May Have Led to Online Tracking of Children, Research Says (17 August 2023)
- Youtube Using Children’s Data for Targeting Advertisement (2019)
- ‘Fortnite’ maker Epic settles child privacy case, agrees to make refunds (December 2022)
Laws and Regulations
The following laws and regulations address the Decisional Interference harm.
- (105 ILCS § 75/10). Right to Privacy in the School Setting Act. (United States, Illinois)
- (410 ILCS § 50/). Medical Patient Rights Act. (United States, Illinois)
- 18 U.S.C. § 873 (United States)
- 5 U.S.C. §552a (United States)
- AK. SB 217. Chapter 13. Genetic Privacy. (United States, Alaska)
- AR. HB 1827. Chapter 35. Parents' Bill of Rights. (United States, Arkansas)
- AR. HB 1902. Social media accounts of current and prospective students or employees — Definitions. (United States, Arkansas)
- AZ. HB 2144. Genetic testing; Informed consent. (United States, Arizona)
- Americans with Disabilities Act of 1990 (United States)
- CA PEN § 647 (United States, California)
- CA SB 203 (United States, California)
- CAN-SPAM Act (United States)
- CH. 126. Genetic Privacy Act. (United States, New Jersey)
- CH. 16-103. Student Social Media Privacy. (United States, Rhode Island)
- CH. 28-56. Employee Social Media Privacy. (United States, Rhode Island)
- CH. 31. Volunteer Health Services Program. (United States, Wyoming)
- CH. 3798. Protected Health Information. (United States, Ohio)
- CH. 412. Genetic Information. (United States, Nevada)
- CH. 45. Genetic Testing Privacy Act. (United States, Utah)
- CH. 48.1. Consumer Privacy Protection Act. (United States, Rhode Island)
- CH. 482-1-122. Alabama Insurance Regulation. (United States, Alabama)
- CH. 5.1. Human Research. (United States, Virginia)
- CH. 53B. Financial Privacy Act. (United States, North Carolina)
- CH. 58. Use of Genetic Information. (United States, Texas)
- CH. 82. Security Freezes and Notification of Data Breaches. (United States, Massachusetts)
- CH. 93. Privacy of Genetic Information. (United States, South Carolina)
- CH. 93I. Dispositions and Destruction of Records. (United States, Massachusetts)
- CO. SB 15-077. Parent's Bill of Rights. (United States, Colorado)
- CT. STAT. Medical Records (1984) (United States, Connecticut)
- California Consumer Credit Reporting Agencies Act (United States, California)
- California Consumer Privacy Act of (2018) (United States, California)
- California Song-Beverly Credit Card Act (1971) (United States, California)
- Children's Online Privacy Protection Act of 1998 (United States)
- Children's Online Privacy Protection Rule (2000) (United States)
- Communications Act of 1934 (United States)
- Connecticut Insurance Information and Privacy Protection Act. (United States, Connecticut)
- Constitution - Amendment I (United States)
- Constitution - Amendment III (United States)
- Constitution - Amendment IX (United States)
- Constitution - Amendment V (United States)
- Constitution - Amendment XIV (United States)
- Controlled Substances Act (United States)
- Cybersecurity Information Sharing Act of 2015 (United States)
- DEL. SB 151. Genetic Information. (United States, Delaware)
- DEL. SB 79. The Eligibility of Registered Qualifying Patients under the Delaware Medical Marijuana Act to purchase or possess firearms. (United States, Delaware)
- Deceptive Mail Prevention and Enforcement Act (United States)
- Do-Not-Call Implementation Act (United States)
- Electronic Funds Transfer Act (United States)
- Electronic Signatures in Global and National Commerce Act (United States)
- Employee Polygraph Protection Act (United States)